JUDGMENT :

Prayer: First Appeal is filed under Section 96 of the Code of Civil Procedure, 1908 against the decree and judgment dated 26.12.2008 in O.S.No.423 of 2006, on the file of the Additional District Court, Fast Track Court No.V, Coimbatore at Tiruppur.

1. The suit filed for partition by the daughters of Late.Palanisamy Gounder, against the sons of Palanisamy Gounder was dismissed by the Trial Court upholding the validity of the release deed Ex.A.3, executed by the plaintiffs. Aggrieved by the said judgment, the appeal is preferred by the plaintiffs.

2. By virtue of a partition deed (Ex.A.1) dated 18.06.1965 entered between Palanisamy Gounder and his brother Subbaiah Gounder, the land measuring 13.34 acres at Chittambalam Village, Palladam Taluk, was allotted to the share of Late.Palanisamy Gounder. The said Palanisamy Gounder had 2 daughters and 3 sons. One of his son by name Rathinasamy predeceased him, on 01.08.1988 leaving behind his wife and 2 daughters. On 23.02.1991, Palanisamy Gounder died leaving behind him his wife, two daughters, two sons and the legal heirs of his predeceased son Rathinasamy. Within six months wife of Palanisamy died. The legal heirs of Palanisamy Go